NSW Caselaw
New South Wales Supreme Court
CITATION : Mills v Commonwealth of Australia [2003] NSWSC 1053 HEARING DATE(S) : 22/10/03 JUDGMENT DATE : 14 November 2003
JUDGMENT OF : Shaw J DECISION : (1) Refer the matter to the next available call up list for allocation of a hearing date for the separate questions of law identified by the parties; (2) Costs reserved.
CATCHWORDS : Practice and procedure - Choice of law - whether decision of Master should be appealed to the Court of Appeal or a single judge - whether leave required LEGISLATION CITED : Supreme Court Act 1970 ss 75A, 103, 104 Supreme Court Rules 1970 Pt 60 rr 10, 17 Do Carmo v Ford Excavations Pty Ltd [1981] 1 NSWLR 409; CASES CITED : Ford Excavations Pty Ltd v Do Carmo [1981] 2 NSWLR 253; House v The King (1936) 55 CLR 499; Sarratti Mills - First Plaintiff PARTIES : William John Mills - Second Plaintiff Commonwealth of Australia - Defendant FILE NUMBER(S) : SC 20075/00 COUNSEL : M Condon - Plaintiffs P Jones - Defendant SOLICITORS : Gibsons Lawyers - Plaintiffs Australian Government Solicitors - Defendant
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 20075/00 FILE NUMBER(S) : LOWER COURT Malpass M JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Shaw J
14 November 2003
20075 of 2000 Sarratti Mills (Plaintiff/Respondent)
and
William John Mills (Second plaintiff/Respondent)
v
The Commonwealth of Australia (Defendant/Applicant)
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